gov ch 8-10 test Flashcards
Are our rights absolute?
No
- cases such as yelling bomb in an airport, or fire in a movie theater, etc
What’s the first amendment?
Freedom of Religion, Speech and the Press: The Right to Assemble and Petition
What’s the second amendment?
The Right to Bear Arms
What’s the third amendment?
Housing soldiers/quartering soldiers
What’s the fourth amendment?
Searches, Seizure and Warrants
- search warrants, probable cause
What’s the fifth amendment?
- Persons cannot be made to testify against themselves in a criminal trial.
- cannot be tried for the same crime twice
- peoples property cannot be taken away
What’s the sixth amendment?
Rights to a Fair Trial
-right to speedy/public trial
- jury
-right to lawyer
-no double jeopardy
-> one try to convict someone thats it
What’s the seventh amendment?
Rights in a Civil Trial
What’s the eighth amendment
no excessive fines/bails or cruel/unusual punishments
What are civil rights
rights of fair and equal status and treatment and the right to participate in gov
- right to vote, protection against discrimination
what are civil liberties
basic freedoms
- protection of gov,
- speech, guns, religion, etc
14th amendment
caused the bill of rights to slowly start applying to all states
what amendment is the due process clause under
the 14th (no state shall deprieve any person of life liberty or property w/o due process of law”
- bill of rights applies to all states
what is the establishment clause
gov cant create an official religion
- sep of church and state
what is free exercise clause
guarantees each person the right to hold any religious beliefs they choose
does the free exercise clause have limits
yes - polygamy, illegal drugs, etc)
Does the gov tend to ban hate speech
no (kkk ex)
written name for defamation
libel
spoken name for defamation
spoken
defamation
publishes false statements abt someone to ruin their rep
- has to be w “actual malice”
what case can speech be unprotected
speech inciting immediate and likely lawless action
limits to protesting
- cant break law and cant be on private prop
- need permit, cant make excessive noise
what is exclusionary rule
evidence obtained illegally and cannot be used PERIOD
exceptions to search warrants
consent, plain view, arrested person, reasonable suspicion
what is the right to privacy inferred from
1, 3, 4, 5 amendment
procedural due process
questioning legal procedures (did the police, court, gov follow correct steps_
substantive due process
questioning if what law says is fair (supreme court overturning laws they saw law is unfair)
civil law
private disputes between people, over property, or relationships
criminal law
deals w/ crimes and their punishments (law was broken)
what can the gov force you to give when arrested
blood or fingerprints
Miranda rights
5th amendment, dont have to self incriminate or testify in court
habeas corpus
gov cant hold u in jail indefinitely, must go to a judge and be charged w a crime or they have to let u go
